Willard C. Shih - Commercial & Business Litigation Attorney NJ
New York and the United States District Court for the Districts of Southern and Eastern New York, 1997
New Jersey and the United States District Court for the District of New Jersey, 1998
Eastern District of Michigan, 1999
J.D., Fordham University School of Law, cum laude, 1996
B.A., Columbia University, 1993
In his litigation practice and as a member of the firm’s management committee, Mr. Shih represents businesses and individuals in complex commercial disputes, including cases involving corporate and partnership disputes, unfair competition and consumer claims, trade secrets, restrictive covenants, and a variety of other matters. He also represents closely held corporations in cases in which the owners have disputes pending in family court and probate court, as well as family members involved in estate disputes. Clients include those in the public sector, Fortune 500 and smaller publicly-traded companies, and family owned business across a variety of industries, including biotech, finance, and retail.
As a Shareholder on the firm’s Professional Liability and Responsibility team, Mr. Shih regularly represents national, regional and local law firms in cases involving claims of professional negligence, breach of fiduciary duty, fraud, and civil conspiracy, among others. The attorneys he defends practice in a variety of disciplines, yet Mr. Shih makes it a priority to understand their practice so that he can better mount their defense. To the extent the specialty is especially arcane—as in the case of “total return swaps” or “qualified domestic relations orders” to name a few—there is a strong likelihood Wilentz has attorneys who practice in that area, allowing Mr. Shih to draw from that experience to better defend the claim.
In the United States, only two or three out of every 100 civil lawsuits result in a trial on the merits. If there is a possibility that your case might be one of the very few only resolved by trial, you want to do what you can to stack the odds in your favor. As lead trial counsel, Mr. Shih has an unblemished record when it comes to securing victories for his clients when trial is unavoidable. The favorable verdicts have been achieved both on the plaintiff and defense side and in all forms of litigation—bench and jury trials and arbitration. It’s neither the side of the “v” nor the label of the fact finder that dictates Mr. Shih’s approach, because in every case it’s the client that matters. His ability and resolve to quickly grasp the root of the issues in dispute, and how those issues affect his client’s business, allow him to litigate a variety of claims for clients in a number of industries – the very essence of a commercial litigator.
In the vast majority of cases, Mr. Shih is equally adept at securing pre-trial dismissals, frequently prevailing on motions to dismiss and motions for summary judgment to extricate clients from otherwise damning allegations. Mr. Shih understands that, for his clients, litigation is an unwelcome distraction and expense from their businesses and lives, and thus, he always counsels clients on the possibility of settlement or alternate dispute resolution and does what it takes to negotiate an end to the case. Mr. Shih’s top priority is the right and most expenditious resolution to the case.
Mr. Shih is committed to serving the legal profession. Appointed by the New Jersey Supreme Court, he has been served on multiple panels and committees including: Civil Practice Committee and the committee on Rules of Evidence. The New Jersey Supreme Court has also charged him with investigating and adjudicating wrongdoing by attorneys, serving as Panel Chair of a Fee Arbitration Committee and as Vice-Chair of a District Ethics Committee. He has also served on the Court’s Complementary Dispute Resolution Committee.
In the community, Mr. Shih is a legal advisor and former Deacon of Legal and Community Affairs for the Rutgers Community Christian Church. He has also served as an elected officer and board member of the Asian Pacific American Lawyer’s Association of New Jersey, and as co-chair of its Professional Development Committee. At Wilentz, he is co-chair of the firm’s Diversity Committee.
- Jury verdict of over $10 million in favor of a biotech company alleging a theft of trade secrets
- Verdict in a bench trial in favor of client sued for undue influence
- Jury verdict for a real estate investor alleging violation of the New Jersey Consumer Fraud Act
- Jury verdict defending a law firm sued for professional negligence
- Jury verdict defending a general contractor sued in tort and contract
- Arbitration decision defending an adult day care center and several of its members in an ownership dispute with a minority member
- Multiple arbitration decisions defending an automobile dealership sued for violations of the New Jersey Consumer Fraud Act
Awards and Recognitions:
- Professional Achievement Award, Asian Pacific American Lawyers Association of New Jersey, 2015
- Best Lawyers® in America, since 2013
- New Jersey Super Lawyers®, “Super Lawyer,” from 2013 to the present, and “Rising Star,” from 2006 to 2012
- Best Under 40 by the National Asian Pacific American Bar Association, 2011
- Forty-under-40 award by the New Jersey Law Journal, 2011
- Forty-under-40 award by NJBIZ, 2006
- Professional Lawyer of the Year by the New Jersey Commission on Professionalism in the Law, 2011 and 2015
- Outstanding Legal Achievement Award by the New Jersey Chinese American Chamber of Commerce, 2008
Best Lawyers (http://www.bestlawyers.com/About/MethodologyBasic.aspx) is published by Best Lawyers in partnership with US News and World Report. Super Lawyers (http://www.superlawyers.com/about/selection_process_detail.html) is published by Thomson Reuters. A description of their selection process can be found in the respective links above. The aforementioned organizations are private peer review organizations, not court specific public certification vehicles. No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.
- “The Million Dollar Claim for Lost Profits – How to Make it Stick,” American Institute of Certified Professional Accountants’ Forensic and Valuation Services Conference, 2017
- “Professionalism: In Court, Making a Deal and at Your Desk,” Middlesex County Bar Association, 2016
- “Commercial Damages and Avoiding Net Opinions,” Litigation Summit Seminar, ALM Media, LLC, 2016
- “Professionalism and Social Media: Avoiding Common Mistakes,” Middlesex County Bar Association, 2016
- “Navigating Default Judgment and Beyond,” New Jersey Institute for Continuing Legal Education, 2016
- "Complex Litigation with International Aspects" , New Jersey Law Journal In-house Counsel CLE Seminar, 2016
- “The Right Expert: How Hard Can It Be?,” American Bar Association, Lawyer’s Professional Liability Committee, Sept. 2015
- “In-House Counsel Seminar” covering international litigation, New Jersey Law Journal, 2015
- “A Lawyer’s Worse Nightmare: The High Stakes Claim Against Counsel,” American Bar Association, Lawyer’s Professional Liability Committee, Apr. 2015
- “You Claim You Would Have Gotten A Better Result? Prove It,” American Bar Association, Lawyer’s Professional Liability Committee, 2014
- Mock Hearing on Summary Judgment Motions, 2014
- Expert Witness Examination Skills Workshop, 2014
- “Calling For Help: What To Do When You’re The Subject Of An Ethics Complaint And How To Stay Out Of Trouble,” New Jersey State Bar Association, 2013
- “How To Get Disbarred,” National Asian Pacific American Bar Association, 2013
- “How To Be A Young Lawyer And Excel At The Profession,” Middlesex County Bar Association, 2013
- “Professionalism and Technology; The Advantages And Pitfalls,” Middlesex County Bar Association, 2013
- Appellate Docket - Fall 2008
- Arbitrating Disputes Between Attorney and Client: Is This A Viable Alternative?
- Registration To Do Business In A State Is Not Enough To Establish General Jurisdiction Over A Law Firm (subscription required)
- While the Standards Applied By Courts In Ethical Matters Differ to that of Civil Litigation, Collateral Estoppel Is Still Applicable to Challenges to the Same Issues in Complementary Ethical and Civil Matters